Posted on August 16, 2022 in Family Law

Among all the other important questions an engaged Illinois couple must ask each other is whether they want to sign a prenuptial agreement. Even if a couple feels completely committed to a each other, discussing a prenup can bring up some sticky issues. Is it bad luck to discuss a divorce this early? How much do you really want to share financially? Here are some things to think about as you consider whether a prenup is right for you and your fiancé.

Potential Benefits of Signing a Prenup

While every couple starts their marriage off on a high note, realistic couples will be aware of nationwide divorce rates. While this should not necessarily scare anyone, it should place a serious tenor on the topic of marriage. Couples should consider the importance of marital commitment in the face of the consequences of getting divorced, especially if one or both spouses suffered in childhood from the stresses of having divorced parents.

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 Posted on August 11, 2022 in Child Custody

With the help of a mediator or collaborative divorce team, most parents can come to an agreement about a parenting plan during their Illinois divorce. But for some families, the presence of domestic violence, substance abuse, or the death of a parent can make negotiating and planning difficult or impossible.

When parents cannot make decisions in a child's best interests, a judge will do so. While a judge has to use discretion and good judgement, a “child's best interests” is not a completely subjective term. Rather, the Illinois legislature gives up at least 15 factors that a judge could consider when making decisions about a child's well-being. Read on to learn what these are.

What Factors Are Considered in a Child's Well-Being in an Illinois Custody Dispute?

The factors a judge will consider must depend on the circumstances of each case. The child's age, the parent's home environment, and the relationship between a child and a non-parent pursuing custody can affect which factors will be taken into account. The most common things a judge will consider include, but are not limited to:

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 Posted on August 09, 2022 in Family Law

The family has never been as varied or flexible in its structure as it is today. While many families are still made up of the stereotypical two-parent mother-father household, many more families are built from strong, single parents–including people who are successfully co-parenting despite never having been married. If you recently discovered someone is expecting your child, you may be wondering if you have parental rights. Read on to learn more about establishing paternity and custody for fathers who have never been married to their child's mother.

Do I Need to Establish Paternity?

Before you can establish any kind of relationship with your child, you need to be certain that you are considered the child's legal father. You can do this easily if you are married; by simply signing the Voluntary Acknowledgement of Paternity (VAP) at a hospital, most fathers are given full rights to a child. But if you have never been married to your child's mother, things are a little different.

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 Posted on August 04, 2022 in Divorce

Even in the most amicable of circumstances, divorce is rarely easy. Yet a couple that is committed to negotiating a divorce settlement peacefully can nearly always do so, especially with the help of a great Illinois divorce attorney-mediator. A mediator is a neutral third party that helps a couple express their priorities, communicate calmly, and focus on achieving mutually satisfying results. If you and your ex can communicate reasonably, here are four issues that mediation can help resolve in your divorce.

Asset Division

Every divorcing couple must divide their marital assets. A lot is at stake, both financially and personally, when it comes to marital assets; many are of great worth or hold great sentimental value. Honest conversation is essential to figuring out which assets can be traded for others and which need to be sold and the proceeds divided. Illinois is an equitable division state, so spouses have wide leeway to divide their assets flexibly.

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 Posted on July 28, 2022 in Divorce

Over the course of many years, married couples accumulate a lot of stuff - and when it comes time to divorce, all the stuff needs to be divided. Some of a couple's belongings are easy to remember to include in the marital asset portfolio; bank accounts, investments, and the marital home are obvious items. Other items are easier to overlook but just as important to account for. If you are getting divorced, make sure you meet with an experienced Illinois divorce attorney who can help you make sure you get your fair share of the marital estate. Here are four often overlooked asset classes in divorce.

Intellectual Property

Intellectual property may not immediately come to mind, but it can make up a significant part of a marital estate. Examples of intellectual property include patents, inventions, books, films, artwork, music, etc. - anything which a spouse produces and makes money from. If the intellectual property was created or acquired during the marriage, it is marital property and subject to valuation and division.

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 Posted on July 26, 2022 in Divorce

Parents often have big plans for their children during summer. Camping, road tripping, and even just going down the block to the swimming pool every day can make wonderful memories, especially for a parent who sees their children less during the school year. While a great parenting plan will account for vacation time during the summer months (and the winter holidays as well), parents who live far away from each other or who have high interpersonal conflict may struggle to be flexible during the holidays. Having a family attorney can help during these challenging moments, as can understanding your options for co-parenting during the holidays.

Try to Balance Parenting Time

Children whose parents live far away from each other typically benefit from a schedule that allows them to attend school without the interruption of traveling back and forth between parents. Unfortunately, for the parent who has less parenting time during the school year, this can mean missing major portions of a child's life. Parenting plans are often structured to compensate for this during the summer months, but one potential fallout is that the parent with the children during the school year cannot travel during the summer. If parents can manage, negotiating a different schedule from year to year is acceptable if both parties agree to the changes.

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 Posted on July 21, 2022 in Child Custody

As life moves on after divorce and you and your minor children adjust to living in a one-parent home, certain changes may necessitate modifying parts of your original divorce decree. One common feature of life after divorce is remarriage, whether it be yours or that of your former spouse. In addition to the other changes that come with remarriage, you may also be wondering whether it will change your parenting plan or other parts of your divorce decree, like child support or spousal support. If you or your ex are getting remarried in Illinois, read on.

Can I Change Our Custody Arrangements if I Get Remarried in Illinois?

Unless a remarriage of either parent would impact the best interests of the child, the parenting plan is not likely to need a modification following the wedding. However, certain circumstances may warrant petitioning for a change in a parenting plan, including:

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 Posted on July 19, 2022 in Divorce

While the prospect of staying in an unhappy marriage forever can make getting a divorce a no-brainer, the aftermath can often be extremely challenging. You may worry that your ex is not safe for your children to be around, especially when they have visitors that you deem high-risk or unsavory. If you have minor children and have an Illinois parenting plan describing the parenting time schedule you share with your ex, you may be wondering whether it is possible to place limitations on the visitors your ex has while your children are in his or her home.

Can I Prevent Visitors From Being At My Ex's Home While the Kids Are There?

Unfortunately, unless you can prove that the children are being endangered, abused, or neglected, it can be difficult to prevent your ex's new partner from being around the children. Many parents have a difficult time adjusting to the idea that another non-parent adult will be in the regular company of their children, so know you are not alone in your concerns. However, dating and remarriage are seen as a natural part of life after divorce, and although you may have many legitimate reasons for finding your former spouse's new partner unsavory, he or she is ultimately responsible for making wise decisions when the children are under his or her care.

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 Posted on July 14, 2022 in Divorce

Hiding assets from a spouse is an unsavory tactic but, unfortunately, it happens frequently in Illinois divorces. The spouse who is the victim of asset hiding often has no idea that it is happening until something seems definitively off during divorce negotiations or discovery. By this point, significant damage may have already been done and it can be difficult to recover cleverly hidden assets. Fortunately, a team of experienced attorneys who have worked with complex cases can often recover hidden assets and ensure the asset division process is fair. Here are five signs your spouse may be hiding assets before or during your divorce.

Unwillingness To Talk Openly About Finances

A desire for secrecy around finances often begins a long time before a spouse will file for divorce. Unfortunately, many spouses deal with cagey conversations from their partner about financial matters for years before realizing that the unwillingness to be forthcoming stems from the fact that the sketchy spouse is hiding money or assets.

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 Posted on July 12, 2022 in Divorce

Any parent who has dealt with an unreliable ex knows how frustrating it can be. When your co-parent shows up late to custody swaps, fails to call the kids when they say they will, or forgets to share important information, you end up picking up the slack. Unfortunately, this usually means explaining to your child why their other parent is always letting them down, while simultaneously trying to avoid bashing your ex. Here are four pieces of advice for Illinois parents trying to help their kids deal with unreliable co-parents.

Avoid Taking Your Frustration Out on Your Kids

Because your children are there when your co-parent does not come to appointments or fails to pack important homework, your kids can easily become the catch-all for your frustrations. But try to remember that your co-parent's behavior is also affecting them and they do not have the maturity or context to manage their disappointment as well as you do. Find a great friend or therapist you can complain to when your ex fails to show up so your kids do not have to deal with your frustration, too.

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